(PC) Cox v. Krpin ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST LEE COX, JR., No. 2:18-cv-02523-TLN-DB 12 Plaintiff, 13 v. ORDER 14 JOHN KRPAN, 15 Defendant. 16 17 Plaintiff Ernest Lee Cox, Jr. (“Plaintiff”), a state prisoner proceeding pro se, has filed this 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 19, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 32.) Neither 23 party has filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 27 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed January 19, 2021 (ECF No. 32), are 3 | ADOPTED IN FULL; 4 2. Defendant John Krpan’s (“Defendant”) Motion to Dismiss (ECF No. 29) is 5 | GRANTED in part and DENIED in part; 6 3. The allegation in the Complaint regarding Plaintiff’s mability to use his Continuous 7 | Positive Airway Pressure (“CPAP”) machine is DISMISSED without prejudice; and 8 4. Defendant’s Motion to Dismiss (ECF No. 29) is DENIED in all other respects. 9 ITIS SO ORDERED. 10 | DATED: April 13, 2021 / “ \/ Mle 13 — ZN □ 4 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28